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STRINGER v. CENDANT MORTGAGE CORP.

No. 99-40100.

229 F.3d 466 (2000)

Joe R. STRINGER; Desiree H. Stringer, Plaintiffs-Appellants, v. CENDANT MORTGAGE CORPORATION, doing business as PHH Mortgage Services Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 9, 2000.

Attorney(s) appearing for the Case

Ralph E. Allen (argued), Tyler, TX, for Plaintiffs-Appellants.

Elizabeth Grace Smith (argued), Davis & Opper, San Antonio, TX, for Defendant-Appellee.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER, District Judge.

PER CURIAM:

On December 22, 1999, we certified the controlling question in this case to the Texas Supreme Court. 199 F.3d 190 (5th Cir.1999). The question certified was:

Under the Texas Constitution, may a home equity lender require the borrower to pay off third-party debt that is not secured by the homestead with the proceeds of the loan?

The Texas Supreme Court answered the question in the affirmative in a unanimous...

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